SALE AND PURCHASE AGREEMENT

This Sale and Purchase Agreement (Agreement) is between Luxury With a Cause Pty Ltd trading as Tašna X (Tašna, we, us), and the individual seller named below (Seller, you).

Recitals:

A. Tašna is engaged in the business of selling and marketing authentic, high-end designer items.

B. You would like to sell certain items to Tašna pursuant to the terms and conditions set out in this Agreement.

In consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

1. YOUR ITEMS

(a) You have offered to sell to Tašna, and Tašna has agreed to purchase certain designer items from you on the terms set out in this Agreement (each, a Sale Item).

(b) You acknowledge and agree that you have submitted a quotation request to Tašna prior to shipping the Sale Items to Tasna, and that in doing so you have provided clear photos and a description of each Sale Item, including outlining any known defects and/or wear and tear details.

(c) In providing your Sale Item to us, you represent and warrant that:

(i) the Sale Item is authentic and made by the designer stated on the item label;

(ii) the Sale Item is the item you have submitted photos of to us for the purposes of obtaining a quote; and

(iii) that you have sole and unencumbered title to the Sale Item.

2. DELIVERY OF SALE ITEM(S)

(a) Sale Items may be delivered to Tasna by our nominated courier or shipped via registered post (through Australia Post).

(b) Where you choose to have your Sale Item collected by our courier, we will arrange for the courier and pay the relevant courier fee. You must follow our directions for shipping including ensuring that you attend at your nominated collection address during the collection window agreed with the courier.

(c) Where you choose to have your Sale Item shipped to Tašna via Australia Post, you must print the post label provided by us and take the item to an Australia Post office for shipping.

(d) You must ensure that your Sale Item is securely packed in a sturdy box to ensure that it is protected during the shipping process.

(e) You assume all risk of loss or damage to a Sale Item while it is in transit until the Sale Item is unpacked and reviewed by us.

3. INSPECTION OF SALE ITEM(S)

(a) Upon receipt of your Sale Item we will inspect the item to ensure that it is in the condition represented in the initial photos provided to us and we will also arrange for the Sale Item to be authenticated by a reputable authenticator.

(b) Once this process has been completed we will email you and confirm the proposed purchase price (Purchase Price). The price will be the same as what we originally quoted to you, unless the condition or any features of your Sale Item are different to how they appeared when you originally submitted your quotation request to us. If we need to change the price to what was originally quoted we will email you and seek your confirmation of agreement to the new price.

(c) Please note that our purchase price is based on the current price of similar items in the market less 40%.

(d) If you advise that you are not satisfied with the proposed purchase price, we will arrange for the return of your item to you at your cost.

4. AUTHENTICITY

(a) If upon inspection of your Sale Item our authenticators determine your item to be a replica, we will return the item to you upon payment of a fee of $250. The fee covers our authentication process, administration fees and shipping fees. The fee must be paid within 14 days of us notifying you of the authentication outcome. If we don’t receive the payment within 14 days we will destroy the Sale Item. Fees for replica items will remain due and payable by you until we receive the funds in full and you agree that such fees may be offset against any other monies payable by us to you.

(b) If any Sale Item is found to be stolen or a replica and Tašna is found liable for the sale of the stolen or counterfeit Sale Item, or if Tašna incurs any liability from such an item, you acknowledge that the indemnification provisions set out in Section 7 apply.

5. PAYMENT OF PURCHASE PRICE

If we proceed with the purchase of your Sale Item(s), we will arrange for the transfer of the Purchase Price into your nominated bank account  within 14 days of agreement of purchase. Upon payment of the Purchase Price to you, your sale to us is finalised, with the exception of any items which are found not to be authentic.

6. TITLE AND RISK

(a) Title to and ownership in each Sale Item will remain with you until such Sale Item is purchased by Tašna.

(b) When sending the Sale Item by our courier, you assume all responsibility and risk for the Sale Item until it is collected by our courier. Upon collection by our courier, we assume the responsibility and risk whilst in transit and in our possession. Alternatively, if you elect to send the Sale Item to us by Australia Post, you must obtain the tracking number from Australia Post at the time of shipment and email this to us at the time of sending. You assume the responsibility and risk whilst in transit until the Sale Item is in our possession.

(c) In the event that any loss or damage occurs to the Sale Item whilst in transit with our courier or whilst in our possession and such loss or damage is not caused or contributed to by your negligent act or omission, then we will be responsible to you for the cost of such loss of damage, limited to the market value of your item.

(d) We will otherwise not be liable to you in any circumstances for loss, damage or any claims, provided we have complied with our obligations as set out in this Agreement, and in no circumstances will we be responsible for any consequential loss.

(e) You indemnify us for any loss, damage or claim incurred by us as a result of your negligent act or omission or breach of this Agreement.

7. REPRESENTATIONS, WARRANTIES AND INDEMNITY

You represent and warrant that (i) you are the sole legal owner of each Sale Item and (ii) you have obtained each Sale Item in a legal manner with clear title to each Sale Item. You represent and warrant that any description of any Sale Item provided by you to Tašna is complete, true, and accurate, and no defects have been discovered in the item(s) that you have not disclosed. You further warrant that (a) no Sale Item infringes upon or violates any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation, (b) that all Sale Items presented to Tašna are authentic and (c) that you have not made any misrepresentations with respect to the authenticity of any Sale Item.

In the event that any Sale Item is found to be a replica, you agree to assume all liability with respect to the infringing good(s). Furthermore, you agree to release, hold harmless, defend, and indemnify Tašna and its officers, directors, shareholders, agents, and employees from any and all liability, including legal fees and costs, with respect to any claims that may arise out of Tašna’s display, transport or sale of any Sale Item for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation. You further represent and warrant that by signing this Agreement, no rights of any third parties or trademark holders will be violated.

8. CHOICE OF LAW; JURISDICTION

The laws of the State of Victoria shall govern this Agreement, excluding any conflict of laws rules.

9. ELECTRONIC SIGNATURES, ACCEPTANCE AND VARIATION

(a) For purposes of this Agreement, use of e-mail or other electronic medium, including use of the Electronic Signature Consent below, shall have the same force and effect as an original signature.

(b) The link to these terms and conditions will be provided to you via email prior to you sending your item to us. We will ask you to accept the terms by return email. Alternatively, by shipping your item to us your actions constitute acceptance of this Agreement and your intention to be bound by its terms.

(c) The terms of this Agreement represent the entire agreement between you and us regarding the purchase of your Sale Item, and supersede any prior arrangements.

(d) No variation to these terms and conditions is made unless the parties mutually confirm by email to make such variation.

If you have any queries regarding these terms, please contact us at contact@tasna.com.au